GAD Awareness

GAD AWARENESS

REPUBLIC ACT NO. 9710

An Act Providing for The Magna Carta of Women

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

CHAPTER 1

GENERAL PROVISIONS

Short Title - This Act shall be known as “The Magna Carta of Women”.

Declaration of Policy - Recognizing that the economic, political, and sociocultural realities
affect women’s current condition, the State affirms the role of women in nation building and
ensures the substantive equality of women and men. It shall promote empowerment of women
and pursue equal opportunities for women and men and ensure equal access to resources and
to development results and outcome. Further, the State realizes that equality of men and women
entails the abolition of the unequal structures and practices that perpetuate discrimination and
inequality. To realize this, the State shall endeavor to develop plans, policies, programs,
measures, and mechanisms to address discrimination and inequality in the economic, political,
social, and cultural life of women and men.

The State condemns discrimination against women in all its forms and pursues by all
appropriate means and without delay the policy of eliminating discrimination against women in
keeping with the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) and other international instruments consistent with Philippine law. The State shall
accord women the rights, protection, and opportunities available to every member of society.

The State affirms women’s rights as human rights and shall intensify its efforts to fulfill its duties
under international and domestic law to recognize, respect, protect, fulfill, and promote all human
rights and fundamental freedoms of women, especially marginalized women, in the economic,
social, political, cultural, and other fields without distinction or discrimination on account of class,
age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status.

The State shall provide the necessary mechanisms to enforce women’s rights and adopt and
undertake all legal measures necessary to foster and promote the equal opportunity for women
to participate in and contribute to the development of the political, economic, social, and cultural
realms. The State, in ensuring the full integration of women’s concerns in the mainstream of
development, shall provide ample opportunities to enhance and develop their skills, acquire
productive employment and contribute to their families and communities to the fullest of their
capabilities.

In pursuance of this policy, the State reaffirms the right of women in all sectors to participate
in policy formulation, planning, organization, implementation, management, monitoring, and

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evaluation of all programs, projects, and services. It shall support policies, researches,
technology, and training programs and other support services such as financing, production,
and marketing to encourage active participation of women in national development.

Principles of Human Rights of Women. – Human rights are universal and inalienable. All
people in the world are entitled to them.

The universality of human rights is encompassed in the words of Article 1 of the Universal
Declaration of Human Rights, which states that all human beings are free and equal in dignity
and rights.

Human rights are indivisible. Human rights are inherent to the dignity of every human being
whether they relate to civil, cultural, economic, political, or social issues.

Human rights are interdependent and interrelated. The fulfillment of one right often depends,
wholly or in part, upon the fulfillment of others.

All individuals are equal as human beings by virtue of the inherent dignity of each human
person. No one, therefore, should suffer discrimination on the basis of ethnicity, gender, age,
language, sexual orientation, race, color, religion, political, or other opinion, national, social, or
geographical origin, disability, property, birth, or other status as established by human rights
standards.

CHAPTER II

DEFENITION OF TERMS

For purposes of this Act, the following terms shall mean:

(a) “Women Empowerment” refers to the provision, availability, and accessibility of

opportunities, services, and observance of human rights which enable women to actively
participate and contribute to the political, economic, social, and cultural development of
the nation as well as those which shall provide them equal access to ownership,
management, and control of production, and of material and informational resources and
benefits in the family, community, and society.

(b) “Discrimination Against Women” refers to any gender-based distinction, exclusion, or

restriction which has the effect or purpose of impairing or nullifying the recognition,
enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality
of men and women, of human rights and fundamental freedoms in the political, economic,
social, cultural, civil, or any other field.

It includes any act or omission, including by law, policy, administrative measure, or practice,
that directly or indirectly excludes or restricts women in the recognition and promotion of
their rights and their access to and enjoyment of opportunities, benefits, or privileges.

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(c) “Marginalization” refers to a condition where a whole category of people is excluded from
useful and meaningful participation in political, economic, social, and cultural life.

(d) “Marginalized” refers to the basic, disadvantaged, or vulnerable persons or groups who are
mostly living in poverty and have little or no access to land and other resources, basic
social and economic services such as health care, education, water and sanitation,
employment and livelihood opportunities, housing, social security, physical infrastructure,
and the justice system.

These include, but are not limited to, women in the following sectors and groups:

(1) “Small Farmers and Rural Workers” refers to those who are engaged directly or
indirectly in small farms and forests areas, workers in commercial farms and
plantations, whether paid or unpaid, regular or season-bound. These shall include,
but are not limited to, (a) small farmers who own or are still amortizing for lands
that is not more than three (3) hectares, tenants, leaseholders, and stewards; and
(b) rural workers who are either wage earners, self-employed, unpaid family
workers directly and personally engaged in agriculture, small-scale mining,
handicrafts, and other related farm and off-farm activities;

(2) “Fisherfolk” refers to those directly or indirectly engaged in taking, culturing, or

processing fishery or aquatic resources. These include, but are not to be limited to,
women engaged in fishing in municipal waters, coastal and marine areas, women
workers in commercial fishing and aquaculture, vendors and processors of fish
and coastal products, and subsistence producers such as shell-gatherers,
managers, and producers of mangrove resources, and other related producers;

(3) “Urban Poor” refers to those residing in urban and urbanizable slum or blighted
areas, with or without the benefit of security of abode, where the income of the
head of the family cannot afford in a sustained manner to provide for the family’s
basic needs of food, health, education, housing, and other essentials in life;

(4) “Workers in the Formal Economy” refers to those who are employed by any
person acting directly or indirectly in the interest of an employer in relation to an
employee and shall include the government and all its branches, subdivisions, and
instrumentalities, all government-owned and controlled corporations and
institutions, as well as nonprofit private institutions or organizations;

(5) “Workers in the Informal Economy” refers to self-employed, occasionally or

personally hired, subcontracted, paid and unpaid family workers in household
incorporated and unincorporated enterprises, including home workers, micro-
entrepreneurs and producers, and operators of sari-sari stores and all other
categories who suffer from violation of workers’ rights;

(6) “Migrant Workers” refers to Filipinos who are to be engaged, are engaged, or
have been engaged in a remunerated activity in a State of which they are not
legal residents, whether documented or undocumented;

(7) “Indigenous Peoples” refers to a group of people or homogenous societies

identified by self-ascription and ascription by other, who have continuously lived

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as organized community on communally bounded and defined territory, and who

have, under claims of ownership since time immemorial, occupied, possessed
customs, tradition, and other distinctive cultural traits, or who have, through
resistance to political, social, and cultural inroads of colonization, non-
indigenous religions and culture, became historically differentiated from the
majority of Filipinos. They shall likewise include peoples who are regarded as
indigenous on account of their descent from the populations which inhabited the
country, at the time of conquest or colonization, or at the time of inroads of
non-indigenous religions and cultures, or the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural,
and political institutions, but who may have been displaced from their traditional
domains as defined under Section 3(h), Chapter II of Republic Act No. 8371,
otherwise known as “The Indigenous Peoples Rights Act of 1997” (IPRA of1997);

(8) “Moro” refers to native peoples who have historically inhabited Mindanao,
Palawan, and Sulu, and who are largely of the Islamic faith;

(9) “Children” refers to those who are below eighteen (18) years of age or over
but are unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental
disability or condition;

(10) “Senior Citizens” refers to those sixty (60) years of age and above;

(11) “Persons with Disabilities” refers to those who are suffering from restriction or
different abilities, as a result of a mental, physical, or sensory impairment to
perform an activity in the manner or within the range considered normal for a
human being; and

(12) “Solo Parents” refers to those who fall under the category of a solo parent
defined under Republic Act No. 8972, otherwise known as the “Solo Parents
Welfare Act of 2000”.

(e) “Substantive Equality” refers to the full and equal enjoyment of rights and freedoms
contemplated under this Act. It encompasses de jure and de facto equality and also equality
in outcomes.

(f) “Gender Equality” refers to the principle asserting the equality of men and women and their
right to enjoy equal conditions realizing their full human potentials to contribute to and benefit
from the results of development, and with the State recognizing that all human beings are
free and equal in dignity and rights.

(g) “Gender Equity” refers to the policies, instruments, programs, services, and actions that
address the disadvantaged position of women in society by providing preferential treatment
and affirmative action. Such temporary special measures aimed at accelerating de facto
equality between men and women shall not be considered discriminatory but shall in no way
entail as a consequence the maintenance of unequal or separate standards.

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(h) “Gender and Development (GAD)” refers to the development perspective and process that
are participatory and empowering, equitable, sustainable, free from violence, respectful of
human rights, supportive of self-determination and actualization of human potentials. It seeks
to achieve gender equality as a fundamental value that should be reflected in development
choices; seeks to transform society’s social, economic, and political structures and questions
they validity of the gender roles they ascribed to women and men; contends that women are
active agents of development and not just passive recipients of development assistance; and
stresses the need of women to organize themselves and participate in political processes
to strengthen their legal rights.

(i) “Gender Mainstreaming” refers to the strategy for making women’s as well as men’s
concerns and experiences an integral dimension of the design, implementation, monitoring,
and evaluation of policies and programs in all political, economic, and societal spheres so that
women and men benefit equally and inequality is not perpetuated. It is the process of assessing
the implications for women and men of any planned action, including legislation, policies, or
programs in all areas and at all levels.

(j) “Temporary Special Measures” refers to a variety of legislative, executive, administrative,

and regulatory instruments, policies, and practices aimed at accelerating this de facto equality
of women in specific areas. These measures shall not be considered discriminatory but shall
in no way entail as a consequence the maintenance of unequal or separate standards. They
shall be discontinued when their objectives have been achieved.

(k) “Violence Against Women” refers to any act of gender-based violence that results in, or
is likely to result in, physical, sexual, or psychological harm or suffering to women, including
threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public
or in private life. It shall be understood to encompass, but not limited to, the following:

(1) Physical, sexual, psychological, and economic violence occurring in the family,
including battering, sexual abuse of female children in the household, dowry-
related violence, marital rape, and other traditional practices harmful to women,
non-spousal violence, and violence related to exploitation;

(2) Physical, sexual, and psychological violence occurring within the general
community, including rape, sexual abuse, sexual harassment, and intimidation at
work, in educational institutions and elsewhere, trafficking in women, and
prostitution; and

(3) Physical, sexual, and psychological violence perpetrated or condoned by the

State, wherever it occurs.

It also includes acts of violence against women as defined in Republic Acts No.
9208 and 9262.

(l) “Women in the Military” refers to women employed in the military, both in the major and
technical services, who are performing combat and/or noncombat functions, providing
security to the State, and protecting the people from various forms of threat. It also includes
women trainees in all military training institutions.

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(m) “Social Protection” refers to policies and programs that seek to reduce poverty and
vulnerability to risks and enhance the social status and rights of all women, especially the
marginalized by promoting and protecting livelihood and employment, protecting against
hazards and sudden loss of income, and improving people’s capacity to manage risk. Its
components are labor market programs, social insurance, social welfare, and social safety
nets.

CHAPTER III

DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN

The State, private sector, society in general, and all individuals shall contribute to the recognition,
respect, and promotion of the rights of women defined and guaranteed under this Act.

The State as the Primary Duty-Bearer – The State, as the primary duty-bearer, shall:

(a) Refrain from discriminating against women and violating their rights;

(b) Protect women against discrimination and from violation of their rights by private
corporations, entities, and individuals; and

(c) Promote and fulfill the rights of women in all spheres, including their rights to
substantive equality and non-discrimination.

The State shall fulfill these duties through law, policy, regulatory instruments, administrative
guidelines, and other appropriate measures, including temporary special measures.

Recognizing the interrelation of the human rights of women, the State shall take measures and
establish mechanisms to promote the coherent and integrated implementation and enforcement
of this Act and related laws, policies, or other measures to effectively stop discrimination against
and advance the rights of women.

The State shall keep abreast with and be guided by progressive developments in human rights
of women under international law and design of policies, laws, and other measures to promote
the objectives of this Act.

Duties of the State Agencies and Instrumentalities – These duties of the State shall extend
to all state agencies, offices, and instrumentalities at all levels and government-owned and
controlled corporations, subject to the Constitution and pertinent laws, policies, or administrative
guidelines that define specific duties of state agencies and entities concerned.

Suppletory Effect – This chapter shall be deemed integrated into and be suppletory to other
provisions of this Act, particularly those that guarantee specific rights to women and define
specific roles and require specific conduct of state organs.

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CHAPTER IV

RIGHTS AND EMPOWERMENT

Human Rights of Women – All rights in the Constitution and those rights recognized under
international instruments duly signed and ratified by the Philippines, in consonance with
Philippine law, shall be rights of woman under this Act to be enjoyed without discrimination.

Protection from Violence – The State shall ensure that all women shall be protected from
all forms of violence as provided for in existing laws. Agencies of government shall give priority
to the defense and protection of women against gender-based offenses and help women attain
justice and healing.

Towards this end, measures to prosecute and reform offenders shall likewise be pursued.

(a) Within the next five (5) years, there shall be an incremental increase in the
recruitment and training of women in the police force, forensics and medico-legal,
legal services, and social work services availed of by women who are victims of
gender-related offenses until fifty percent (50%) of the personnel thereof shall be
women.

(b) Women shall have the right to protection and security in situations of armed
conflict and militarization. Towards this end, they shall be protected from all forms
of gender-based violence, particularly rape and other forms of sexual abuse, and
all forms of violence in situations of armed conflict. The State shall observe
international standards for the protection of civilian population in circumstances of
emergency and armed conflict. It shall not force women, especially indigenous
people, to abandon their lands, territories, and means of subsistence, or relocate
them in special centers for military purposes under any discriminatory condition.

(c) All government personnel involved in the protection and defense of women
against gender-based violence shall undergo a mandatory training on human
rights and gender sensitivity pursuant to this Act.

(d) All local government units shall establish a Violence Against Women’s Desk in
every barangay to ensure that violence against women cases are fully addressed
in a gender-responsive manner.

Women Affected by Disasters, Calamities, and Other Crisis Situations – Women have the
right to protection and security in times of disasters, calamities, and other crisis situations
especially in all phases of relief, recovery, rehabilitation, and construction efforts. The State shall
provide for immediate humanitarian assistance, allocation of resources, and early resettlement,
if necessary. It shall also address the particular needs of women from a gender perspective to
ensure their full protection from sexual exploitation and other sexual and gender-based violence
committed against them. Responses to disaster situations shall include the provision of
services, such as psychosocial support, livelihood support, education, psychological health, and
comprehensive health services, including protection during pregnancy.

Participating and Representation – The State shall undertake temporary special measures to
accelerate the participation and equitable representation of women in all spheres of society
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particularly in the decision-making and policy-making processes in government and private

entities to fully realize their role as agents and beneficiaries of development. The State shall
institute the following affirmative action mechanisms so that women can participate meaningfully
in the formulation, implementation, and evaluation of policies, plans, and programs for national,
regional, and local development:

(a) Empowerment within the Civil Service. – Within the next five (5) years, the number
of women in third (3rd) level positions in government shall be incrementally
increased to achieve a fifty-fifty (50-50) gender balance;

(b) Development Councils and Planning Bodies. – To ensure the participation of

women in all levels of development planning and program implementation, at least
forty percent (40%) of membership of all development councils from the regional,
provincial, city, municipal, and barangay levels shall be composed of women;

(c) Other Policy and Decision-Making Bodies. – Women’s groups shall also be
represented in international, national, and local special and decision-making
bodies;

(d) International Bodies. – The State shall take all appropriate measures to ensure the
opportunity of women, on equal terms with men and without any discrimination to
represent their government at the international level and to participate in the work
of international organizations:

(e) Integration of Women in Political Parties. – The State shall provide incentives to
political parties with women’s agenda. It shall likewise encourage the integration
of women in their leadership hierarchy internal policy-making structures, appointive,
and electoral nominating processes; and

(f) Private Sector. – The State shall take measures to encourage women leadership
in the private sector in the form of incentives.

Equal Treatment Before the Law – The State shall take steps to review and, when necessary,
amend and/or repeal existing laws that are discriminatory to women within three (3) years from
the effectivity of this Act.

Equal Access and Elimination of Discrimination in Education, Scholarships, and Training

(a) The State shall ensure that gender stereotypes and images in educational
materials and curricula are adequately and appropriately revised. Gender-
sensitive language shall be used at all times. Capacity-building on gender and
development (GAD), peace and human rights, education for teachers, and all
those involved in the education sector shall be pursued toward this end.
Partnerships between and among players of the education sector, including the
private sector, churches, and faith groups shall be encouraged.

(b) Enrollment of women in nontraditional skills training in vocational and tertiary

levels shall be encouraged.

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(c) Expulsion and non-readmission of women faculty due to pregnancy outside of

marriage shall be outlawed. No school shall turn out or refuse admission to a female
student solely on the account of her having contracted pregnancy outside of
marriage during her term in school.

Women in Sports – The State shall develop, establish, and strengthen programs for the
participating of women and girl-children in competitive and noncompetitive sports as a means
to achieve excellence, promote physical and social well-being, eliminate gender-role
stereotyping, and provide equal access to the full benefits of development for all persons
regardless of sex, gender identity, and other similar factors.

For this purpose, all sports-related organizations shall create guidelines that will establish and
integrate affirmative action as a strategy and gender equality as a framework in planning and
implementing their policies, budgets, programs, and activities relating to the participation of
women and girls in sports.

The State will also provide material and nonmaterial incentives to local government units, media
organizations, and the private sector for promoting, training, and preparing women and girls for
participation in competitive and noncompetitive sports, especially in local and international events,
including, but not limited to, the Palarong Pambansa, Southeast Asian Games, Asian Games,
and the Olympics.

The State shall also ensure the safety and well-being of all women and girls participating in sports,
especially, but not limited to, trainees, reserve members, members, coaches, and mentors of
national sports teams, whether in studying, training, or performance phases, by providing them
comprehensive health and medical insurance coverage, as well as integrated medical, nutritional,
and healthcare services.

Schools, colleges, universities, or any other learning institution shall take into account its total
women student population in granting athletic scholarship. There shall be a pro rata
representation of women in the athletic scholarship program based on the percentage of women
in the whole student population.

Women in the Military – The State shall pursue appropriate measures to eliminate
discrimination of women in the military, police, and other similar services, including revising or
abolishing policies and practices that restrict women from availing of both combat and noncombat
training that are open to men, or from taking on functions other than administrative tasks, such
as engaging in combat, security-related, or field operations. Women in the military shall be
accorded the same promotional privileges and opportunities as men, including pay increases,
additional remunerations and benefits, and awards based on their competency and quality of
performance. Towards this end, the State shall ensure that the personal of women shall always
be respected. Women in the military, police, and other similar services shall be provided with
the same right to employment as men one equal conditions. Equally, they shall be accorded
the same capacity as men to act in and enter into contracts, including marriage.

Further, women in the military, police, and other similar services shall be entitled to leave
benefits such as maternity leave, as provided for by existing laws.

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Nondiscriminatory and Nonderogatory Portrayal of Women in Media and Film. – The

State shall formulate policies and programs for the advancement of women in collaboration
with government and nongovernment media-related organizations. It shall likewise endeavor
to raise the consciousness of the general public in recognizing the dignity of women and the
role and contribution of women in the family, community, and the society through the strategic
use of mass media.

For this purpose, the State shall ensure allocation of space, airtime, and resources, strengthen
programming, production, and image-making that appropriately present women’s needs,
issues, and concerns in all forms of media, communication, information dissemination, and
advertising.

Women’s Right to Health. –

(a) Comprehensive Health Services. – The State shall, at all times, provide for a comprehensive,
culture- sensitive, and gender-responsive health services and programs covering all stages
of a woman’s life cycle and which addresses the major causes of women’s mortality and
morbidity: Provided, That in the provision for comprehensive health services, due respect
shall be accorded to women’s religious convictions, the rights of the spouses to found a
family in accordance with their religious convictions, and the demands of responsible
parenthood, and the right of women to protection from hazardous drugs, devices,
interventions, and substances.

Access to the following services shall be ensured:

(1) Maternal care to include pre-and post-natal services to address pregnancy and
infant health and nutrition;

(2) Promotion of breastfeeding;

(3) Responsible, ethical, legal, safe, and effective methods of family planning;

(4) Family and State collaboration in youth sexuality education and health services
without prejudice to the primary right and duty of parents to educate their children;

(5) Prevention and management of reproductive tract infections, including sexually

transmitted diseases, HIV, and AIDS;

(6) Prevention and management of reproductive tract cancers like breast and cervical
cancers, and other gynecological conditions and disorders;

(7) Prevention of abortion and management of pregnancy-related complications;

(8) In cases of violence against women and children, women and children victims
and survivors shall be provided with comprehensive health services that
include psychosocial, therapeutic, medical, and legal interventions and assistance
towards healing, recovery, and empowerment;

(9) Prevention and management of infertility and sexual dysfunction pursuant to ethical
norms and medicals standards;

10) Care of the elderly women beyond their child-bearing years; and

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(11) Management, treatment, and intervention of mental health problems of woman

and girls.

In addition, healthy lifestyle activities are encouraged and promoted through

programs and projects as strategies in the prevention of diseases.

(b) Comprehensive Health Information and Education. – The State shall provide women in all
sectors with appropriate, timely, complete, and accurate information and education of all the
above-stated aspects of women’s health in government education and training programs,
with due regard to the following:

(1) The natural and primary right and duty of parents in the rearing of the youth and
the development of moral character and the right of children to be brought up in an
atmosphere of morality and rectitude for the enrichment and strengthening of
character;

(2) The formation of a person’s sexuality that affirms human dignity; and

(3) Ethical, legal, safe, and effective family planning methods including fertility
awareness.

Special Leave Benefits for Women. – A woman employee having rendered continuous
aggregate employment service of at least six (6) months for the last twelve (12) months shall
be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly
compensation following surgery caused by gynecological disorders.

Equal Rights in All Matters Relating to Marriage and Family Relations. – The State shall
take all appropriate measures to eliminate discrimination against women in all matters relating
to marriage and family relations and shall ensure:

(a) the same rights to enter into and leave marriages or common law relationships
referred to under the Family Code without prejudice to personal or religious
beliefs;

(b) the same rights to choose freely a spouse and to enter into marriage only with their
free and full consent. The betrothal and the marriage of a child shall have no legal
effect;

(c) the joint decision on the number and spacing of their children and to have access
to the information, education and means to enable them to exercise these rights;

(d) the same personal rights between spouses or common law spouses including the
right to choose freely a profession and an occupation;

(e) the same rights for both spouses or common law spouses in respect of the
ownership, acquisition, management, administration, enjoyment, and disposition
of property;

f) the same rights to properties and resources, whether titled or not, and inheritance,
whether formal or customary; and

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(g) women shall have equal rights with men to acquire change, or retain their nationality.
The State shall ensure in particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically change the nationality
of the wife, render her stateless or force upon her the nationality of the husband.
Various statutes of other countries concerning dual citizenship that may be enjoyed
equally by women and men shall likewise be considered.

Customary laws shall be respected: Provided, however, that they do not discriminate against,
women.

CHAPTER V

RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS

Women in marginalized sectors are hereby guaranteed all civil, political, social, and economic
rights recognized, promoted, and protected under existing laws including, but not limited to, the
Indigenous Peoples Rights Act, the Urban Development and Housing Act, the Comprehensive
Agrarian Reform Law, the Fisheries Code, the Labor Code, the Migrant Workers Act, the Solo
Parents Welfare Act, and the Social Reform and Poverty Alleviation Act.

Food Security and Productive Resources. – The State recognizes the contribution of women
to food production and shall ensure its sustainability and sufficiency with the active participation
of women. Towards this end, the State shall guarantee, at all times, the availability in the
market of safe and health-giving food to satisfy the dietary needs of the population, giving
particular attention to the specific needs of poor girl- children and marginalized women, especially
pregnant and lactating mothers and their young children. To further address this, the state
shall ensure:

(a) Right to Food. – The State shall guarantee the availability of food in quantity and
quality sufficient to satisfy the dietary needs of individuals, the physical and economic
accessibility for everyone to adequate food that is culturally acceptable and free from
unsafe substances and culturally accepted, and the accurate and substantial
information to the availability of food, including the right to full, accurate, and truthful
information about safe and health-giving foods and how to produce and have
regular easy access to them;

(b) Right to Resources for Food Production. – The State shall guarantee women a vital
role in food production by giving priority to their rights to land, credit, and infrastructure
support, technical training, and technological and marketing assistance. The State
shall promote women- friendly technology as a high priority activity in agriculture and
shall promote the right to adequate food by proactively engaging in activities intended
to strengthen access to, utilization of, and receipt of accurate and substantial

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information on resources and means to ensure women’s livelihood, including food

security:

(1) Equal status shall be given to women and men, whether married or not, in the
titling of the land and issuance of stewardship contracts and patents;

(2) Equal treatment shall be given to women and men beneficiaries of the agrarian
reform program, wherein the vested right of a woman agrarian reform beneficiary
is defined by a woman’s relationship to tillage, i.e., her direct and indirect
contribution to the development of the land;

(3) Customary rights of women to the land, including access to and control of the
fruits and benefits, shall be recognized in circumstances where private ownership
is not possible, such as ancestral domain claims;

(4) Information and assistance in claiming rights to the land shall be made
available to women at all times;

(5) Equal rights to women to the enjoyment, use, and management of land, water,
and other natural resources within their communities or ancestral domains;

(6) Equal access to the use and management of fisheries and aquatic resources,
and all the rights and benefits accruing to stakeholders in the fishing industry;

(7) Equal status shall be given to woman and men in the issuance of stewardship
or lease agreements and other fishery rights that may be granted for the use and
management of coastal and aquatic resources. In the same manner, women’s
organizations shall be given equal treatment as with other marginalized fishers
organizations in the issuance of stewardship or lease agreements or other fishery
rights for the use and management of such coastal and aquatic resources which
may include providing supports to women-engaged coastal resources;

(8) There shall be no discrimination against women in the deputization of fish

wardens;

(9) Women-friendly and sustainable agriculture technology shall be designed

based on accessibility and viability in consultation with women’s organizations;

(10) Access to small farmer-based and controlled seeds production and

distribution shall be ensured and protected;

(11) Indigenous practices of women in seed storage and cultivation shall be

recognized, encouraged, and protected;

(12) Equal rights shall be given to women to be members of farmers’ organizations

to ensure wider access to and control of the means of production;

(13) Provide opportunities for empowering women fishers to be involved in the

control and management, not only of the catch and production of aquamarine
resources but also, to engage in entrepreneurial activities which will add value to
production and marketing ventures; and

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(14) Provide economic opportunities for the indigenous women, particularly access
to market for their produce.

Right to Housing. – The State shall develop housing programs for women that are localized,
simple, accessible, with potable water, and electricity, secure, with viable employment
opportunities and affordable amortization. In this regard, the State consult women and involve
them in community planning and development, especially in matters pertaining to land use,
zoning, and relocation.

Right to Decent Work. – The State shall progressively realize and ensure decent work
standards for women that involve the creation of jobs of acceptable quality in conditions of
freedom, equity, security, and human dignity.

Right to Livelihood, Credit, Capital, and Technology. – The State shall ensure that women
are provided with the following:

(a) Equal access to formal sources of credit and capital;

(b) Equal share to the produce of farms and aquatic resources;

(c) Employment opportunities for returning women migrant workers taking into
account their skills and qualifications. Corollary, the State shall also promote
skills and entrepreneurship development of returning women migrant workers.

Right to Education and Training. – The State shall ensure the following:

(a) Women migrant workers have the opportunity to undergo skills training, if they so
desire, before taking on a foreign job, and possible retraining upon return to the
country;

(b) Gender-sensitive training and seminars; and

(c) Equal opportunities in scholarships based on merit and fitness especially to those
interested in research and development aimed towards women-friendly farm technology.

Right to Representation and Participation. – The State shall ensure women’s participation in
policy-making or decision-making bodies in the regional, national, and international levels. It shall
also ensure the participation of grassroots women leaders in decision and policy-making bodies
in their respective sectors including, but not limited to, the Presidential Agrarian Reform Council
(PARC) and its local counterparts; community- based resource management bodies or
mechanisms on forest management and stewardship; the National Fisheries and Aquatic
Resources Management Council (NFARMC) and its local counterparts; the National Commission
on Indigenous People; the Presidential Commission for the Urban Poor; the National Anti-Poverty
Commission; and, where applicable, the local housing boards.

Right to Information. – Access to information regarding policies on women, including programs,

projects, and funding outlays that affect them, shall be ensured.

Social Protection.

(a) The Social Security System (SSS) and the Philippine Health Insurance Corporation
(PhilHealth) shall support indigenous

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(b) The State shall institute policies and programs that seek to reduce the poverty and
vulnerability to risks and enhance the social status and rights of the marginalized
women by promoting and protecting livelihood and employment, protecting against
hazards and sudden loss of income, and improving people’s capacity to manage risks.

(c) The State shall endeavor to reduce and eventually eliminate transfer costs of
remittance from abroad through appropriate bilateral and multilateral agreements. It
shall likewise provide access to investment opportunities for remittances in line with
national development efforts.

(d) The State shall establish a health insurance program for senior citizens and
indigents.

(e) The State shall support women with disabilities on a community-based social
protection scheme.

Recognition and Preservation of Cultural Identity and Integrity. – The State shall recognize
and respect the rights of Moro and indigenous women to practice, promote, protect, and
preserve their own culture, traditions, and institutions and to consider these rights in the
formulation and implementation of national policies and programs. To this end, the State shall
adopt measures in consultation with the sectors concerned to protect their rights to their
indigenous knowledge systems and practices, traditional livelihood, and other manifestations
of their cultures and ways of life: Provided, that these cultural systems and practices are not
discriminatory to women.

Peace and Development. – The peace process shall be pursued with the following
considerations:

(a) Increase the number of women participating in discussions and decision-making

in the peace process, including membership in peace panels recognizing women’s role
in conflict-prevention and peace-making and in indigenous system of conflict
resolution;

(b) Ensure the development and inclusion of women’s welfare and concerns in the
peace agenda in the overall peace strategy and women’s participation in the
planning, implementation, monitoring, and evaluation of rehabilitation and rebuilding
of conflict-affected areas and community- based social protection schemes;

(c) The institution of measures to ensure the protection of civilians in conflict-affected

communities with special consideration for the specific needs of women and girls;

(d) Include the peace perspective in the education curriculum and other educational
undertakings; and

(e) The recognition and support for women’s role in conflict- prevention, management,
resolution and peacemaking, and in indigenous systems of conflict resolution.

Women in Especially Difficult Circumstances. – For purposes of this Act, “Women in Especially
Difficult Circumstances” (WEDC) shall refer to victims and survivors of sexual and physical abuse,

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illegal recruitment, prostitution, trafficking, armed conflict, women in detention, victims and
survivors of rape and incest, and such other related circumstances which have incapacitated them
functionally. Local government units are therefore mandated to deliver the necessary services
and interventions to WEDC under their respective jurisdictions.

Services and Interventions. – WEDC shall be provided with services and interventions as
necessary such as, but not limited to, the following:

(a) Temporary and protective custody;

(b) Medical and dental services;

(c) Psychological evaluation;

(d) Counseling;

(e) Psychiatric evaluation;

(f) Legal services;

(g) Productivity skills capability building;

(h) Livelihood assistance;

(i) Job placement;

(j) Financial assistance; and

(k) Transportation assistance.

Protection of Girl-Children. –

(a) The State shall pursue measures to eliminate all forms of discrimination against
girl-children in education, health and nutrition, and skills development.

(b) Girl-children shall be protected from all forms of abuse and exploitation.

(c) Equal access of Moro and indigenous girl-children in the Madaris, schools of living
culture and traditions, and the regular schools shall be ensured.

(d) Gender-sensitive curriculum, including legal literacy, books, and curriculum in the
Madaris and schools of living culture and traditions shall be developed.

(e) Sensitivity of regular schools to particular Moro and indigenous practices, such as
fasting in the month of Ramadan, choice of clothing (including the wearing of hijab),
and availability of halal food shall be ensured.)

Protection of Senior Citizens. – The State shall protect women senior citizens from neglect,
abandonment, domestic violence, abuse, exploitation, and discrimination. Towards this end, the
State shall ensure special protective mechanisms and support services against violence,
sexual abuse, exploitation, and discrimination of older women.

Women are entitled to the recognition and protection of their rights defined and guaranteed
under this Act including their right to nondiscrimination.

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Discrimination Against Women is Prohibited. – Public and private entities and individuals
found to have committed discrimination against women shall be subject to the sanctions
provided in Section 41 hereof. Violations of other rights of women shall be subject to sanctions
under pertinent laws and regulations.

CHAPTER VI

INSTITUTIONAL MECHANISMS

Gender Mainstreaming as a Strategy for Implementing the Magna Carta of Women. –

Within a period prescribed in the implementing rules and regulations, the National Commission
on the Role of Filipino Women (NCRFW) shall assess its gender mainstreaming program for
consistency with the standards under this Act. It shall modify the program accordingly to ensure
that it will be an effective strategy for implementing this Act and attaining its objectives.

Gender Focal Point Officer in Philippine Embassies and Consulates. – An officer duly
trained on GAD shall be designated as the gender focal point in the consular section of
Philippine embassies or consulates. Said officer shall be primarily responsible in handling
gender concerns of women migrant workers. Attached agencies shall cooperate in
strengthening the Philippine foreign posts’ programs for the delivery of services to women
migrant workers.

National Commission on the Role of Filipino Women (NCRFW). – The National Commission
on the Role of Filipino Women (NCRFW) shall be renamed as the Philippine Commission on
Women (PCW), the primary policy-making and coordinating body of the women and gender
equality concerns under the Office of the President.

Commission on Human Rights (CHR). – The Commission, acting as the Gender and
Development Ombud, consistent with its mandate, shall undertake measures such as the
following:

(a) Monitor with the PCW and other state agencies, among others, in developing
indicators and guidelines to comply with their duties related to the human rights of
women, including their right to nondiscrimination guaranteed under this Act;

(b) Designate one (1) commissioner and/or its Women’s Human Rights Center to be
primarily responsible for formulating and implementing programs and activities related
to the promotion and protection of the human rights of women, including the
investigations and complaints of discrimination and violations of their rights brought
under this Act and related laws and regulations;

(c) Establish guidelines and mechanisms, among others, that will facilitate access of
women to legal remedies under this Act and related laws, and enhance the protection
and promotion of the rights of women, especially marginalized women;

(d) Assist in the filing of cases against individuals, agencies, institutions, or

establishments that violate the provisions of this Act; and

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(e) Recommend to the President of the Philippines or the Civil Service Commission
any possible administrative action based on noncompliance or failure to
implement the provisions of this Act.

Monitoring Progress and Implementation and Impact of this Act. – The PCW, in
coordination with other state agencies and the CHR, shall submit to Congress regular reports
on the progress of the implementation of this Act highlighting the impact thereof on the status
and human rights of women: Provided, that the second report shall include an assessment of
the effectiveness of this Act and recommend amendments to improve its provisions: Provided,
finally, That these reports shall be submitted to Congress every three (3) years or as
determined in the implementing rules and regulations.

Penalties. – Upon finding of the CHR that a department, agency, or instrumentality of government,
government owned and controlled corporation, or local government unit has violated any
provision of this Act and its implementing rules and regulations, the sanctions under, administrative
law, civil service, or other appropriate laws shall be recommended to the Civil Service Commission
and/or the Department of the Interior and Local Government. The person directly responsible
for the violation as well as the head of the agency or local chief executive shall be held liable
under this Act. If the violation is committed by a private entity or individual, the person directly
responsible for the violation shall be liable to pay damages.

Filing a complaint under this Act shall not preclude the offended party from pursuing other
remedies available under the law and to invoke any of the provisions of existing laws especially
those recently enacted laws protecting women and children, including the Women in
Development and Nation Building Act (Republic Act No. 7192). The Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act (Republic Act No. 7610), the
Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877), the Anti-Rape Law of 1997
(Republic Act No. 8353), the Rape Victim Assistance and Protection Act of 1998 (Republic Act
No. 8505), the Anti-Trafficking in Persons Act of 2003 (Republic Act No. 9208) and the Anti-
Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262). If violence has
been proven to be perpetrated by agents of the State including, but not limited to, extrajudicial
killings, enforced disappearances, torture, and internal displacements, such shall be considered
aggravating offenses with corresponding penalties depending on the severity of the offenses.

Incentives and Awards. – There shall be established an incentives and awards systems which
shall be administered by a board under such rules and regulations as may be promulgated by
the PCW to deserving entities, government agencies, and local government units for their
outstanding performance in upholding the rights of women and effective implementation of
gender-responsive programs.

Funding. – The initial funding requirements for the implementation of this Act shall be charged
against the current appropriations of the agencies concerned. Thereafter, such sums as may
be necessary for the implementation of this Act shall be included in the agencies’ yearly budgets
under the General Appropriations Act.

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The State shall prioritize allocation of all available resources to effectively fulfill its obligations
specified under this Act. The State agencies’ GAD budgets, which shall be at least five percent
(5%) of their total budgetary allocation, shall also be utilized for the programs and activities to
implement this Act.

Implementing Rules and Regulations. – As the lead agency, the PCW shall, in coordination
with the Commission on Human Rights and all concerned government departments and
agencies including, as observers, both Houses of Congress through the Committee on Youth,
Women and Family Relations (Senate) and the Committee on Women and Gender Equality
(House of Representatives) and with the participation of representatives from nongovernment
organizations (NGOs) and civil society groups with proven track record of involvement and
promotion of the rights and welfare of Filipino women and girls identified by the PCW, formulate
the implementing rules and regulations (IRR) of this Act within one hundred eighty (180) days
after its effectivity.

SEC. 45. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional,
the remainder of the law or the provisions not otherwise affected shall remain valid and
subsisting.

SEC. 46. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, or regulation contrary to, or inconsistent with, the provisions
of this Act are hereby repealed, modified, or amended accordingly.

SEC. 47. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation

Approved,

This Act is a consolidation of Senate Bill No. 2396 and House Bill no.

4273 was finally passed by the Senate and the House of Representatives

Approved: August 14, 2009

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